[Ord. #7-89, § 1; Ord. #8-97]
The purpose of this section is to regulate and control the collection of solid wastes within the Borough of South Bound Brook.
[Ord. #7-89, § 2; Ord. #8-97]
As used in this section:
ASHES
Shall mean the residue from fires used for cooking foods and heating fires within residential units.
BULK ITEMS
Shall mean any large, heavy and/or bulky household appliances, furniture and furnishings which cannot easily and safely be placed in the common collection vehicle used for removal of solid waste within the Borough.
BUSINESS AND PROFESSIONAL USER
Shall mean business establishments conducting a business, whether for pecuniary profit or not for pecuniary profit, not including churches, South Bound Brook Firehouse, South Bound Brook Nutrition Center or the South Bound Brook Board of Education.
CONSTRUCTION DEBRIS
Shall mean any scrap lumber, metal, earth, sand, bricks, stone, plaster, roofing and siding material and other debris of a similar nature which accumulates and is incidental to the construction or renovation of homes, buildings, public works or other projects.
DWELLING UNIT
Shall mean and include only single family house, multifamily house, apartment, condominium or townhouse units or other living units which are not defined as an excluded user in this section.
EXCLUDED USER
Shall mean any type of industrial user, any apartment house, hotel, dwelling house or building having more than four dwelling units, and shopping centers or any user presently excluded.
GARBAGE
Shall mean any animal or vegetable waste solids resulting from the handling, preparation, cooking or consumption of foods.
HAZARDOUS WASTE
Shall mean all waste which is deemed to be chemical waste, hazardous waste or infectious waste, as defined by N.J.S.A. 7:26-1.4, and which shall include but not be limited to wastes which are flammable, corrosive or explosive or which, by themselves or in combination with other waste, would be hazardous to life or property.
HOLIDAYS
Shall mean days observed by the Solid Waste Collector. These days are: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
INCOME PRODUCING UNITS
Shall mean any apartments, rooms, commercial units, professional offices or suites, which are rented or available to rent to persons other than the owner(s).
PAPER
Shall mean and include newspapers, periodicals, cardboard and all other wastepaper.
RESIDENTIAL USER
Shall mean a dwelling unit, inclusive of a house or a multifamily dwelling of four or less units, all of which are used for residential purposes.
RUBBISH
Shall mean and include rags, old clothes, leather, rubber, carpets, wood, sawdust, tree branches, yard trimmings, wood furniture and other combustible solids not of highly volatile or explosive nature, metals, metal shavings, tin cans, glass, crockery and other similar materials, exclusive of trade waste resulting from building construction or alteration work, and exclusive of cellar or yard dirt.
SOLID WASTE COLLECTION CONTRACTOR
Shall mean a person or firm for hire, properly licensed in the State of New Jersey for the purpose of collection of solid waste and solid waste materials; specifically excluded are recyclable materials.
TIRES
Shall mean discarded rubber tires originally used on vehicle wheels.
TRADE WASTE
Shall mean all material resulting from the prosecution of any business, trade or industry, whether or not conducted for profit, and shall include paper, rags, leather, rubber, cartons, boxes, wood, sawdust, garbage, combustible solids, except manure, metals, metal shavings, wire, tin cans, cinders and other materials exclusive of wastes resulting from building construction or alteration work.
WASTE MATERIAL
Shall mean and include any and all garbage, refuse, paper, ashes and wastes from building construction or alteration work, regardless of how originating, and shall also include cellar or yard dirt.
[Ord. #7-89, § 3; Ord. #8-97]
a. 
Every user placing garbage, exclusive of recycling materials, ashes and nonexcluded rubbish, herein defined, for collection from, on or in connection with nonexcluded property, which property shall be within the boundaries of the Borough, shall be subject to the rules and regulations set forth within this section.
b. 
Disposal of trade waste, bulky items, waste material, construction debris, and hazardous waste shall be the responsibility of the property owner or his agent, the construction contractor or the producer thereof, to have the construction debris and/or trade waste, waste material and properly licensed waste collection contractor and the Borough shall not be responsible therefor.
c. 
The Borough shall not be responsible to furnish collection vehicles or personnel to remove and dispose of solid waste of excluded users within the Borough.
d. 
Any user that elects to use or is required to use a private collector must use a duly licensed and approved disposal service and must provide documentary proof on or before July 1 of each year that a private collector has been engaged by the user.
[Ord. #7-89, § 4; Ord. #8-97]
a. 
Preparation for Collection.
1. 
Containers shall be provided by the owner, tenant, lessee or occupant of the premises. Refuse containers shall be maintained in a clean, safe and good condition. Any container that does not conform to the provisions of this subsection or that may have ragged or sharp edges or any defect liable to hamper or injure the person collecting the contents thereof shall not be utilized. The collector shall have authority to refuse collection services for failure to comply herewith.
2. 
Appropriate containers.
(a) 
The containers shall be galvanized or of plastic composition, shall not exceed 40 gallons in capacity, shall be no heavier than 35 pounds when filled, shall have a lid or cover and shall have two sturdy handles.
(b) 
Plastic bags not larger than 40 gallons may be used if properly tied.
(c) 
Substitute containers may be used in place of approved containers, such as another bag which is water repellent and animal repellent, treated paper garbage and refuse bags or a bag of similar nature. These bags shall not be larger than 40 gallons. All bags used shall be properly tied and secured so as to prevent escape of solid or liquid waste.
3. 
All garbage shall be thoroughly and completely drained of all liquids, wrapped securely in paper and placed in a receptacle as hereinbefore set forth.
4. 
All nonrecyclable broken glass or any other dangerous materials shall be placed in a secure container to facilitate safe loading of broken glass or other dangerous material.
5. 
All ashes shall be placed in a container covered in such a manner as to prevent contents of the container from becoming wet due to rain or snow. Ashes shall be cold and free from any hot coals to prevent the possibility of fire, and the container with the ashes shall not exceed 35 pounds in weight.
6. 
Hedge and shrubbery clippings, leaves and tree trimmings will not be collected as part of the regular garbage pickup. These items shall be collected as part of a special collection program to be established by the Borough from time to time.
7. 
No person shall place on the curb or anywhere else for purposes of collection any explosive or highly flammable materials or hazardous waste, inclusive of, but not limited to benzine, gasoline, petroleum, explosive powder, or nitrocellulose film. No person shall place in any receptacle any garbage, refuse or any other material which could be injurious to the collectors of the Borough.
8. 
Large metal items, such as refrigerators, stoves, beds, crates, etc., shall not be collected with the regular garbage and trash pickup but may be collected in accordance with a schedule as determined by the Department of Public Works for the Borough upon specific request by a residential user. The Borough will assess a separate charge for the pickup of these items in accordance with the rate schedule set forth in subsection 15-1.14, Schedule "B." The Borough through its Public Works Department, reserves the right to refuse excessively bulky or heavy items and will not dispose of items such as motor engine blocks, automobiles (bodies or portions thereof), truck bodies or parts, and other such items not ordinarily collected.
No refrigerators shall be placed for collection or disposal unless and until the door of the refrigerator and/or freezer has been completely removed from the hinges and the lock has been rendered inoperable.
9. 
Arrangement for disposal of trees and stumps shall be made by the owner, occupant or person in control of the premises and shall not be collected by the Borough.
10. 
Each container of solid waste shall be placed on level ground or surface by the property owner, tenant or other person placing garbage for collection, or from whose property such garbage is proposed to be collected, so that it does not easily upset.
11. 
If any container of garbage is upset or overturned other than by the Borough employees engaged in garbage or refuse collection, the property owner, tenant or other person placing the garbage for municipal collection shall promptly clean up such spill of garbage and restore it to a suitable container as defined hereinbefore.
12. 
No person shall place any of the items referred to in this section for collection in any street or highway, either for collection by municipality or private disposal.
13. 
If any Borough employee in the course of his duties observes noncompliance with any of the regulations of this section, he shall immediately notify the tenant or land owner of noncompliance and the reason for not making the collection. Such notice may be given personally or by written statement left on the premises. Each such instance of noncollection shall be reported to the Borough Public Works Superintendent by the person in charge of the particular truck not making the collection.
14. 
Paper drums or plywood drums shall not be utilized for the storage of garbage, refuse or ash, and containers of this type will be collected by the municipality and disposed of.
15. 
It shall be the obligation of the residential user to place such material in such quantity and in such a manner as not to create a public health nuisance or safety hazard.
16. 
No trash or garbage shall be deposited upon any public street nor any other public place except at the curb in front of a residence or place of business for collection by the municipality in accordance herewith.
17. 
Receptacles by excluded users utilizing a private Solid Waste Collection Contractor must meet the minimum requirements as set forth herein. However, said receptacles can be larger in size, so long as they are covered to prevent any refuse from being scattered about by the wind or other elements, are rodent proof, are cleaned and sanitized as required and are conveniently located on the premises for storage of refuse and are maintained in such a manner as to prevent creation of a nuisance or menace to the public health. Excluded users shall arrange to have refuse removed daily unless suitable facilities are provided for the storage of solid waste until its removal.
18. 
Any solid waste placed at the curb shall be placed in such a manner as not to create a public nuisance and safety hazard.
19. 
The contractor shall not be required to make garbage or trash collection from the premises of any residential user whereon a dog is permitted to run loose.
20. 
No trash or garbage shall be removed if found to contain recyclable material as defined by the Borough Recycling Ordinance.
b. 
Interference with Collection. No person or persons shall prevent or interfere with any agent, servant or employee of the Borough or any authorized contractor or collector of garbage, trash or refuse, or with his employees engaged in the discharge of their duties, in the sweeping or cleaning of any street or removal therefrom of sweepings, ashes, garbage, rubbish or paper or other refuse materials, or in the collection of garbage, trash, waste, ashes, rubbish or similar material.
[Ord. #7-89, § 5; Ord. #14-91, § 1; Ord. #8-97; Ord. #17-97]
a. 
Each household shall be entitled to two containers (as defined) per pick up.
b. 
During the months of December, July and August, three containers per pick up, per household will be allowed.
c. 
Stickers can be purchased at a cost to be determined by resolution of the Borough Council and additional stickers may be purchased at the Tax Office during regular business hours or by mail. Each sticker shall represent one container.
[Ord. #7-89, § 6; Ord. #8-97]
Collection from residential users shall be in accordance with a schedule announced by the Borough. This schedule may be from time to time amended upon notice by Council after publication.
[Ord. #7-89, § 7; Ord. #8-97]
For collection pursuant to a schedule announced by the Borough all approved containers must be placed at the curbline where easily accessible. No containers shall be set out prior to 5:00 p.m. on the day prior to collection, and all containers shall be removed by 8:00 p.m. on the collection day. When a regular collection day falls on a legal holiday, containers shall be set out for pickup on the date following the holiday.
[Ord. #7-89, § 8; Ord. #8-97]
a. 
Collection shall be done in a quiet and orderly manner in compliance with all applicable statutes and Noise Ordinances within the Borough.
b. 
All solid waste collection contractors shall comply with the ordinances of the Borough and rules and regulations and orders of the Borough as well as all applicable State, County and Federal laws and regulations.
c. 
All vehicles of solid waste collection contractors shall be of a closed type and of such construction and loaded in such a fashion that no part of the contents shall fall, leak or spill therefrom.
[Ord. #7-89, § 9; Ord. #9-97]
a. 
All materials set or placed for collection shall be set or placed as near as possible upon or along the curbline and shall not be set or placed in any gutter, road or on any walk, sidewalk or public thoroughfare so as to interfere with public travel.
b. 
City collectors of solid waste are prohibited from entering upon any unaccepted lands, streets, service areas, driveways or alleys or any privately owned buildings or portion of any such buildings for the purpose of removing refuse materials to the curb, and if solid waste of residential users is not placed in accordance with this section, the municipal collector will not accept the waste for collection.
[Ord. #7-89, § 10; Ord. #8-97]
a. 
No person shall bring, cart, remove, transport or collect any solid waste, whether garbage, paper, ashes, rubbish, waste materials, construction debris, bulk items, hazardous waste or trade from outside the Borough or into the Borough for the purpose of dumping or disposing thereof.
b. 
No person shall bring, cart, remove, transport or collect any trade waste, waste materials, construction debris, hazardous waste or bulk items from an excluded user and place for collection with the solid waste of a residential user in the event residential and excluded users are located on the same premises, the solid waste shall be disposed of separately and in accordance with this section.
[Ord. #7-89, § 11; Ord. #8-97]
a. 
Any person violating any provision of this section shall be subject to a fine not exceeding $2,500 or imprisonment in the County Jail for a term not exceeding 30 days, or both. However, where the penalty for such offense may be limited by a State statute, then such limitation shall be applicable notwithstanding the provisions of this section.
b. 
Each and every violation of this section or each and every day that any provision of this section shall be violated shall be construed as a separate and distinct violation thereof.
[Ord. #7-89, § 12; Ord. #8-97]
This section shall be enforced by the Borough Code Enforcement Officer, the Health Officer, or any South Bound Brook Police Officer and any of their authorized representatives.
[Ord. #7-89, Sched. A; Ord. #8-97; Ord. #18-98]
Bulk items, which cannot be included within a container, shall be charged as determined by resolution by the Mayor and Council. Such schedule shall be determined by the Public Works Committee and shall set the item and charges for such bulk item.
[Ord. #7-89, Sched. B; Ord. #8-97]
Applications for bulk pick-up shall be available at the Code Enforcement Office during regular office hours.
[Ord. #6-86, preamble]
Conservation of recyclable materials has become an important public concern by reason of the growing problem of solid waste disposal and its impact on our environment.
Landfills which have been accepting solid waste are fast being filled up.
There is an increasing necessity to conserve our natural resources.
The collection of newspapers, magazines, aluminum cans and glass for recycling purposes from residences and commercial and institutional establishments promotes the general public interest.
Somerset County's Solid Waste Management Plan, as amended, requires all municipalities in the County of Somerset to adopt a mandatory recycling ordinance.
[Ord. #6-86, § 1]
The short title of this section shall be "Recyclable Materials Collection," and the same may be cited in that manner.
[Ord. #6-86, § 2]
As used in this section:
ALUMINUM CANS
Shall mean and include all aluminum beverage containers; the same will be reasonably clean of foreign matter.
GLASS
Shall mean and include all glass bottles and jars, the same to have lids and neck rings removed and to be reasonably clean of foreign matter.
SOLID WASTE
Shall mean and include garbage and rubbish normally placed at the curb by the residents of the Borough for regular municipal collection.
[Ord. #6-86, § 3; Ord. #6-87]
a. 
It shall be mandatory for all persons who are owners, lessees and occupants of residences or commercial or institutional properties to separate newspapers, magazines, aluminum cans and glass from all other solid waste produced by any such properties and to separately bundle the newspapers, magazines, aluminum cans and glass for pickup, collection and recycling.
b. 
The owner, operator or occupant of any commercial, professional or institutional establishment shall recycle material as required under Somerset County Recycling Amendment of December 1985 and N.J.S.A. P.L. 1987, Chapter 102 including but not limited to paper, glass and aluminum.
[Ord. #6-86, § 4; Ord. #3-91, § 9A]
a. 
Newspapers and magazines shall be reasonably compacted and shall be tied or otherwise secured in bundles not exceeding 35 pounds in weight.
b. 
All cans shall be reasonably clean and all glass shall have lids and neck rings removed and shall be reasonably clean; both cans and glass shall be placed in plastic bags (can be mixed) that do not exceed 35 pounds in weight each.
c. 
Bundles shall be placed separately at the curb for collection at such time as may hereinafter be established by regulation. All plastic bags will be supplied by the owner, lessee or occupant.
d. 
All plastic bottles shall be placed in a plastic bag or bags separate from the glass, aluminum and/or steel cans and secured at the top. Plastic bottles will be rinsed with lids and rings removed.
e. 
All corrugated paper boxes and other corrugated paper products shall be securely tied in bundles of no large than twenty-four (24") inches square.
f. 
All tin-plated steel and bi-metal food and beverage cans shall be placed in the same plastic bag or bags as the glass and aluminum. All steel cans shall be rinsed with labels removed.
[Ord. #6-86, § 10]
It shall be a violation of this section for any owner, lessee or occupant of any residential, commercial or institutional property in the Borough to put leaves into or cause leaves to be put into the solid waste collection system of the Borough. All leaves shall be separated from newspapers, magazines, aluminum cans, glass and all other solid waste produced or accumulating at such properties and all leaves shall be disposed of, removed or collected in conformity with the following regulations:
a. 
The Borough shall publish each fall a schedule of leaf pickup for all residential properties in the Borough.
b. 
The owners, lessees or occupants of any residential properties, according to the schedule of collection, shall place all leaves for disposal in the street near the curb or in plastic bags in a place away from the regular garbage collection area.
c. 
Twigs, sticks or branches shall be removed from any leaves set out for collection.
d. 
The Borough shall collect all leaves set out for collection from residential properties according to this subsection.
e. 
The owner, lessee or occupants of any commercial or institutional properties within the Borough shall be responsible for disposal of leaves, produced or accumulating at such properties, at a site designated by or approved by the County of Somerset.
f. 
Nothing contained in this subsection shall prevent the owner, lessee or occupant of any residential or commercial or institutional properties from composting of leaves as an alternate or supplement to the disposal of leaves by other methods provided for in this subsection.
[Ord. #6-86, § 11]
It is prohibited and will be deemed a violation hereof for any owner, lessee or occupant of any residential, commercial or institutional property in the Borough to put into or cause to be put into the solid waste collection system of the Borough any crankcase oil.
[Ord. #6-86, § 5]
From the time of placement at the curb by any resident of newspapers, magazines, aluminum cans and glass for collection by the Borough or its agent, in accordance with the terms hereof, such newspapers, magazines, aluminum cans and glass shall be and become the property of the Borough or its authorized agent. It shall be a violation of this section for any person unauthorized by the Borough to collect or pick up or cause to be collected or picked up any such newspapers, magazines, cans or glass. Each such collection in violation hereof shall constitute a separate and distinct offense punishable as hereinafter provided.
[Ord. #6-86, § 6]
The Superintendent of Public Works is hereby authorized and directed to enforce this section. He is hereby authorized and directed to establish and promulgate reasonable regulations as to the manner, days and times for the collection of newspapers, magazines, aluminum cans and glass in accordance with the terms hereof and any other matters required to implement this section. The Borough Council may change, modify, repeal or amend any portion of the rules and regulations at any time.
[Ord. #6-86, § 7]
Any person, firm, corporation or other entity which violates or neglects to comply with any provision of this section or any regulation thereof, will be punishable by a fine not to exceed $50 upon a first conviction; $100 upon a second conviction, and $300 upon a third or subsequent conviction. The above fines shall not be applicable to a conviction for subsection 15-2.8 hereof which shall be punishable by a fine not to exceed $100.
[Ord. #6-86, § 8]
The Borough Council shall enter into an agreement with the Association of Retarded Citizens, granting a franchise or license to authorize that organization to collect all newspapers, magazines, aluminum cans and glass at curbside. Without the entry of such an agreement this section shall be of no effect whatsoever.
[Ord. #6-86, § 9]
Anything herein contained to the contrary notwithstanding, any person who is an owner, lessee or occupant may donate newspapers to the Boy Scouts of America. The Boy Scouts of America shall not pick up newspapers and magazines from curbside in the Borough on or immediately preceding [within 24 hours] regularly scheduled curbside collection by the Association of Retarded Citizens unless specifically requested by the owner, lessee or occupant of the premises. The Boy Scouts of America are authorized to pick up newspapers and magazines at any other time without such specific authorization.
[Ord. No. 2007-04]
a. 
Purpose. This subsection establishes requirements for the proper handling of yard waste in Borough of South Bound Brook, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. 
Definitions. For the purpose of this subsection, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CONTAINERIZED
Means the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
Means any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Means leaves and grass clippings.
c. 
Prohibited Conduct. The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this subsection.
d. 
Enforcement. The provisions of this subsection shall be enforced by Police Department and/or other Municipal Officials.
e. 
Violations and Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine not to exceed $500.
[Ord. No. 2007-04]
a. 
Purpose. This subsection establishes a yard waste collection and disposal program in Borough of South Bound Brook, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. 
Definitions. For the purpose of this subsection, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CONTAINERIZED
Means the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STREET
Means any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
YARD WASTE
Means leaves and grass clippings.
c. 
Yard Waste Collection, Time for Placement, Location. Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven days prior to a scheduled and announced collection, and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this subsection. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this subsection.
d. 
Enforcement. The provisions of this subsection shall be enforced by Police Department and/or other Municipal Officials.
e. 
Violations and Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine not to exceed $500.